Alabama 2022 Regular Session

Alabama Senate Bill SB132 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB132
2		-	2 214867-3
	2	+	2 214867-2
3	3		3 By Senator Jones (N & P)
4	4		4 RFD: Local Legislation
5	5		5 First Read: 01-FEB-22
6	6
7		-	Page 0 SB132
8		-	1 SB132
9		-	2
10		-	3
11		-	4 With Notice and Proof
12		-	5
13		-	6 ENROLLED, An Act,
14		-	7 Relating to Cherokee County; to create a service of
15		-	8 process fee to be charged for service of process by a sheriff
16		-	9 of documents in the District Court, Circuit Court, Family
17		-	10 Court, and Juvenile Court of the county; to create a service
18		-	11 of process fee to be charged for service of process in actions
19		-	12 instituted outside the state; and to provide for distribution
20		-	13 of the proceeds of the fee.
21		-	14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22		-	15 Section 1. (a) This section shall only apply to
23		-	16 Cherokee County.
24		-	17 (b) In addition to all other charges, fees,
25		-	18 judgments, and costs of court, in the District Court, Circuit
26		-	19 Court, Family Court, and Juvenile Court of Cherokee County,
27		-	20 the following fees shall be collected:
28		-	21 (1) A service of process fee of twenty-five dollars
29		-	22 ($25) shall be collected for service or attempted service of
30		-	23 process on each document requiring personal service of process
31		-	24 by the sheriff or any deputy sheriff.
32		-	Page 1 SB132
33		-	1 (2) A service of process fee of twenty-five dollars
34		-	2 ($25) shall be collected for service or attempted service of
35		-	3 any papers or documents by the sheriff or any deputy sheriff
36		-	4 arising out of any civil or criminal action pending or
37		-	5 instituted outside the State of Alabama, whether at law or
38		-	6 equity.
39		-	7 (c) The clerk of the court or designee in Cherokee
40		-	8 County by law for the respective courts shall collect the
41		-	9 service of process fee designated in subsection (b) and
42		-	10 distribute the fee to the Sheriff's Law Enforcement Fund
43		-	11 established in Section 45-10-232, Code of Alabama 1975.
44		-	12 (d) Notwithstanding the foregoing, the fees
45		-	13 designated in subsection (b) may not be imposed or collected
46		-	14 if the court finds that payment of the fee will create a
47		-	15 substantial hardship. A verified statement signed by the
48		-	16 person requesting service and approved by the court attesting
49		-	17 the substantial hardship shall be filed with the clerk of the
50		-	18 court.
51		-	19 (e) The district attorney, law enforcement, and
52		-	20 grand juries shall be exempt from payment of the fees provided
53		-	21 for in this section.
54		-	22 Section 2. This act shall become effective on the
55		-	23 first day of the third month following its passage and
56		-	24 approval by the Governor, or its otherwise becoming law.
57		-	Page 2 SB132
58		-	1
	7	+	Page 0 1 214867-2:n:09/21/2021:LK*/tgw LSA2021-1756R1
59	8		2
60	9		3
61	10		4
62		-	President and Presiding Officer of the Senate
63		-
64	11		5
65		-	6 Speaker of the House of Representatives
66		-	SB1327
67		-	8 Senate 16-FEB-22
68		-	9 I hereby certify that the within Act originated in and passed
69		-	10 the Senate.
70		-	11
71		-	12 Patrick Harris,
72		-	13 Secretary.
73		-	14
74		-	15
75		-	16
76		-	17 House of Representatives
77		-	18 Passed: 03-MAR-22
78		-	19
79		-	20
80		-	21 By: Senator Jones
	12	+	6
	13	+	7
	14	+	8
	15	+	9 A BILL
	16	+	10 TO BE ENTITLED
	17	+	11 AN ACT
	18	+	12
	19	+	13 Relating to Cherokee County; to create a service of
	20	+	14 process fee to be charged for service of process by a sheriff
	21	+	15 of documents in the District Court, Circuit Court, Family
	22	+	16 Court, and Juvenile Court of the county; to create a service
	23	+	17 of process fee to be charged for service of process in actions
	24	+	18 instituted outside the state; and to provide for distribution
	25	+	19 of the proceeds of the fee.
	26	+	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	27	+	21 Section 1. (a) This section shall only apply to
	28	+	22 Cherokee County.
	29	+	23 (b) In addition to all other charges, fees,
	30	+	24 judgments, and costs of court, in the District Court, Circuit
	31	+	25 Court, Family Court, and Juvenile Court of Cherokee County,
	32	+	26 the following fees shall be collected:
	33	+	Page 1 1 (1) A service of process fee of twenty-five dollars
	34	+	2 ($25) shall be collected for service or attempted service of
	35	+	3 process on each document requiring personal service of process
	36	+	4 by the sheriff or any deputy sheriff.
	37	+	5 (2) A service of process fee of twenty-five dollars
	38	+	6 ($25) shall be collected for service or attempted service of
	39	+	7 any papers or documents by the sheriff or any deputy sheriff
	40	+	8 arising out of any civil or criminal action pending or
	41	+	9 instituted outside the State of Alabama, whether at law or
	42	+	10 equity.
	43	+	11 (c) The clerk of the court or designee in Cherokee
	44	+	12 County by law for the respective courts shall collect the
	45	+	13 service of process fee designated in subsection (b) and
	46	+	14 distribute the fee to the Sheriff's Law Enforcement Fund
	47	+	15 established in Section 45-10-232, Code of Alabama 1975.
	48	+	16 (d) Notwithstanding the foregoing, the fees
	49	+	17 designated in subsection (b) may not be imposed or collected
	50	+	18 if the court finds that payment of the fee will create a
	51	+	19 substantial hardship. A verified statement signed by the
	52	+	20 person requesting service and approved by the court attesting
	53	+	21 the substantial hardship shall be filed with the clerk of the
	54	+	22 court.
	55	+	23 (e) The district attorney, law enforcement, and
	56	+	24 grand juries shall be exempt from payment of the fees provided
	57	+	25 for in this section.
	58	+	Page 2 1 Section 2. This act shall become effective on the
	59	+	2 first day of the third month following its passage and
	60	+	3 approval by the Governor, or its otherwise becoming law.
81	61		Page 3